DAYTON — Trotwood-Madison track star Michael Shaw made a final, unsuccessful try Friday, May 23, at restoring his eligibility and extending his now-aborted prep track career.

One day after a Montgomery County Common Pleas Magistrate ruled against Shaw, his attorney, Aaron Durden, filed an intent to appeal and motion to stay the magistrate's decision, which would have allowed Shaw to compete in the track and field district finals Friday night.

The Ohio 2nd District Court of Appeals denied that motion Friday afternoon.

This effectively ends Shaw's legal saga, which began when the Ohio High School Athletic Association declared Shaw ineligible on May 9. Shaw filed last week in Montgomery County Common Pleas Court for an injunction stopping the OHSAA from making the declaration, claiming the body ruled in an arbitrary manner.

On Thursday, Magistrate Robert F. Cowdrey ruled that the OHSAA's decision "was not arbitrary and is, in fact, supported by reliable probative and substantial evidence."

Cowdrey's decision also lifted the temporary restraining order that allowed Shaw to compete Tuesday.

Shaw could continue his appeal, but the issue will be moot, since he would need to compete in Friday's events to qualify for further competitions, including the state finals in June.

At issue is whether Shaw, 18, a senior, was a legitimate Trotwood resident. He has a full scholarship to play football at the University of Michigan this fall.

The OHSAA began investigating multiple allegations of recruiting and issues of residency at Trotwood-Madison in the fall of 2007. Shaw transferred from Alter to Trotwood-Madison in January 2007.

According to court documents filed Thursday:

• Despite being the plaintiff, Shaw did not provide testimony at Wednesday's hearing.

• Trotwood-Madison sent Shaw's school records to the OHSAA, but not an affidavit for bona fide residence, as required by the state for transfers.

• In a conversation with an investigator hired by the OHSAA, Shaw's father was unable to remember the name of the Trotwood trailer court at which he was paying rent for himself and his son.

• In a Feb. 12 interview with the OHSAA's investigator, the trailer park owner indicated that the Shaws did not reside there after being evicted and that rent had not been paid for three months. He also said there had been no electric use at the site the past "three or four" months. There was no electric usage for June, July and August of 2007.

• The Shaws maintained that after leaving the trailer court, they moved in rent-free with a Trotwood relative and that a security deposit wasn't required. Both their driver's licenses listed a Dayton address, where the family resided when Shaw attended Alter.

• Among damages Shaw hoped to prove was not being able to participate in this summer's Olympic Trials. However, his father testified that Shaw was to be at Michigan next month and would miss any national track meets.

The OHSAA's probe of Trotwood-Madison is ongoing. Shaw's reportedly is one of 13 cases the state is investigating.

Contact this reporter at (937) 225-2057 or lgrieco@DaytonDailyNews.com.

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